Section 75 Claim Advice

Vb2cv

Hi we are currently trying to claim for a section 75 for my father in laws caravan which was brought from a dealer completely unfit for purpose as it had serious damp issues which we unfortunately didn't notice before buying. They even stated it never should have been sold like that!! The dealer had the caravan back for repair and left it in an even worse state of damp issues (had an independent damp report done) which has us starting to believe that there might be structural damage. The amount we are trying to claim for is £5200, the question I needed answering is if I am successful in claiming on section 75 do I have to give the caravan back?
Thanks in advance for your answers.
Regards
Vicki

hollydays

Why specifically are you asking if you have to give it back?

tykesi

Of course you do. In what strange world did you think you could have a refund AND the caravan??

Vb2cv

Thanks for your reply I wanted to know what the law stated as both my partner and I have claimed on section 75 for faulty goods and haven't had to give the goods back.

George_Michael

When you claim from the credit supplier using your S75 rights, you have exactly the same claim against that credit supplier as you would against the retailer and the credit supplier also has the same rights as the original supplier of the goods.

So look at it this way. How do you think the seller of the caravan would react if you went back to them and demanded a refund and told them that once you received your money, you would be keeping the caravan?

If your claim is successful, the credit card company may not want the caravan back but if they do, you have to let them have it because if they had refunded you then it would legally be their property.

Vb2cv

Thanks George that explains it really well so the credit card company would want the caravan back. Just wanted to be able to tell my father in law where he stands at the moment the credit card company are saying as the dealer have offered to repair they aren't willing to refund but at the end of the day they sold a unusable caravan. We will definitely fight this as feel strongly the dealer is in the wrong they even stated it should never have gone out like that. They have had two chances to repair already and it is in a worst state with the damp issues than when it was first brought

burnleymik

Why would you want to keep it if it is in such a bad state of disrepair?

Doesn't make any sense except the fact considering your history with S75 claims and you getting to keep the goods that you might be trying to pull a fast one....

Just my thoughts reading between the lines, it could be perfectly innocent, but asking if you could keep it and get a refund is rather a strange question.